A person who dies without leaving a valid Will is said to have died intestate.

Where a person dies intestate, section 14 of the Administration Act 1903 (WA) sets out the formula for dividing the deceased’s estate among their surviving family members.  Any one or more of the adult beneficiaries of the estate are entitled to apply for a Grant of Letters of Administration.

The following tables set out some common scenarios, but it is not legal advice.  You should consult a lawyer to obtain advice as to the proper beneficiaries before making any distributions of an intestate estate.

The following flowcharts set out some common scenarios, but are not legal advice.  You should consult a lawyer to obtain advice as to the proper beneficiaries before making any distributions of an intestate estate.

Rules of intestacy WA – Where the deceased died on or after 2 August 2023

Rules of intestacy WA – Where the deceased died between 30 March 2022 and 1 August 2023

Rules of intestacy WA – Where the deceased died before 30 March 2022

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